Terms and Conditions of Service
This online dating service is a way for adults to meet each other (the "Service").
The Service is provided by datingsas.com
This legal agreement is made between You and Us ("Agreement"). Please
read the Agreement carefully before registering for the Service. By registering
for the Service, you become a datingsas.com member (a "Member"),
and you agree to be bound by the terms and conditions of this Agreement for
as long as you continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS
AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE SERVICE.
THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY
US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU.
In these conditions the following words have the following meanings unless
the context requires otherwise:
"Agreement" means the agreement between You and
Us incorporating these terms and conditions for the provision of the Service;
“We, Us, Our" means datingsas.com
"You, Your, Yourself" means the person whose application
for membership of the Service is accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a
Member, you represent and warrant that you are at least 18 years old. By using
this Web site, you represent and warrant that you have the right, authority
and capacity to enter into this Agreement and to abide by the terms and conditions
of this Agreement. Your membership for the Service is for Your sole, personal
use. You may not authorize others to use Your membership, and You may not
assign or otherwise transfer your account to any other person or entity.
REGISTRATION AND SUBSCRIPTION: Although you may register
as a Member of the Service for free, if you wish to communicate with other
members and use certain other parts of the Service, you must become a subscriber
and pay the fees that are set out in Our Price List. This price list is part
of this Agreement. We may change any fees or charges for using the Service.
To become a Member You must register for the Service. When and if You register
to become a Member, You agree to provide accurate, current and complete information
about Yourself as prompted by Our registration form ("Registration Data"),
and to maintain and update Your information to keep it accurate, current and
complete. You agree that we may rely on Your Registration Data as accurate,
current and complete. You acknowledge that if Your Registration Data is untrue,
inaccurate, not current or incomplete in any respect, We reserve the right
to terminate this Agreement and Your use of the Service and we shall not refund
You unused subscription fees.
TERM AND TERMINATION: This Agreement will remain in full
force and effect while You use the Service and/or are a Member. You may terminate
your membership at any time, for any reason by following the instructions
on you profile page, or upon receipt by Us of Your written or email notice
of termination. Either You or Us may terminate your membership by removing
your profile at any time, for any reason, without explanation, effective upon
sending written notice to the other party. Upon such termination by Us, We
shall refund, pro rata, any unused portion of any subscription payments that
have been received from You, provided that in the event that We determine
in our sole discretion that there has been any breach of this Agreement by
You, We shall not be liable to You for any refund of any unused portion of
any subscription payments and may continue to bar Your use of the Service
in the future. Even after membership is terminated, this Agreement will remain
in effect.
PROPRIETARY RIGHTS: You warrant and represent to Us that
the information posted in Your profile is posted by You and that You are the
sole author of your profile. You assign to Us with full title guarantee all
copyright in Your profile. You waive absolutely any and all moral right to
be identified as author of Your profile and any similar rights in any jurisdiction.
In addition, other Members may post copyrighted information, which has copyright
protection whether or not it is identified as copyrighted. Except for that
information which is in the public domain or for which You have been given
permission, You will not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information. By posting information
or content to any of Our public area, You automatically grant, and you represent
and warrant that You have the right to grant, to Us and other Members an irrevocable,
perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform,
display and distribute such information and content and to prepare derivative
works of, or incorporate into other works, such information and content, and
to grant and authorize sub-licenses of the foregoing.
YOUR USE OF THE SERVICE: As a Member, You agree that:
1) You are solely responsible for the content or information you publish or
display (hereinafter, "post") on the Service, or transmit to other
Members. You will not post on the Service, or transmit to other Members or
Employees, any defamatory, inaccurate, abusive, obscene, profane, offensive,
sexually oriented, threatening, harassing, racially offensive, or illegal
material, or any material that infringes or violates another party's rights
(including, but not limited to, intellectual property rights, and rights of
privacy and publicity). You will use the Service in a manner consistent with
any and all applicable laws and regulations. You will not include in Your
profile any telephone numbers, street addresses, last names, URL's or E-mail
addresses other than where asked for it in the Confidential Personal Information
section. You will not include in Your profile any offensive anatomical or
sexual references, or offensive sexually suggestive or connotative language,
and You will not post any photos containing nudity or personal information.
We reserve the right, but We have no obligation, to reject any profile or
photo that does not comply with these prohibitions and we shall not refund
You unused subscription fees. You will not engage in advertising to, or solicitation
of, other members to buy or sell any products or services through the Service.
You will not transmit any chain letters or junk E-mail to other Members. For
protection of members against such conduct, We imposed a 30 message-per-day
limit on subscribers. You are solely responsible for Your interactions with
other Members. We reserve the right, but We have no obligation, to monitor
and/or mediate disputes between You and other Members.
2) E-mail communications sent from Us or through Us are designed to make your
online dating experience exciting. By becoming a member You specifically agree
to accept and consent to receiving e-mail communications initiated from Us
or through Us these include: message notification e-mails, “Your Match”
e-mails, e-mails informing you about events and parties We organize, e-mails
informing You of promotions We run and emails informing You of new and existing
features We provide. Should You not wish to receive any of our e-mail communications
please do not register with Us for the Service or terminate your Membership
with Us.
3) You agree that We have no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained or
transmitted by Our Service. You acknowledge that features, parameters or other
services We provide may change at any time. You acknowledge that We reserve
the right to sign out, terminate or delete your account for being "inactive".
"Inactive" means that you have not signed in to the Service for
a particular period of time, as determined by Us, in our sole discretion.
The amount of time that We currently consider as a "particular"
period of time is 90 days. Therefore, You must login to the Service at least
once every 90 days from the date Your Membership has been activated or Your
profile will be purged from the Service.
4) Our customer service Employees are here to make your online experience
much more pleasing by providing assistance and guidance to You. When speaking
to Our customer service Employees on the phone, or communicating with them
by any other means, You undertake not to be abusive, obscene, profane, offensive,
sexually oriented, threatening, harassing or racially offensive. Should any
of Our customer service Employees feel, at any given point, threatened or
offended by Your conduct, we reserve the right to immediately terminate your
membership and You shall not be entitled to any refund of unused subscription
fees.
We are entitled to investigate and terminate Your membership if You have misused
the Service, or behaved in a way which could be regarded as inappropriate
or whose conduct is unlawful or illegal. The following is a partial list of
the type of actions that are illegal or prohibited under this Agreement:
1) You will not impersonate any person or entity.
2) You will not "stalk" or otherwise harass any person.
3) You will not express or imply that any statements you make are endorsed
by Us, without Our specific prior written consent.
4) You will not use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index, "data
mine", or in any way reproduce or circumvent the navigational structure
or presentation of the Service or its contents.
5) You will not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior consent
of the owner of such proprietary rights.
6) You will not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
7) You will not interfere with or disrupt the Services or the site or the
servers or networks connected to the Services or the site.
8) You will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
9) You will not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any information transmitted through the Service.
10) You will not "frame" or "mirror" any part of the Service,
without Our prior written authorization. You also shall not use meta tags
or code or other devices containing any reference to Us or the Service or
the site in order to direct any person to any other web site for any purpose.
11) You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Service or
any software used on or for the Service or cause others to do so.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and
Our officers, directors, employees, agents and third parties harmless, for
any losses, costs, liabilities and expenses (including reasonable attorneys'
fees) relating to or arising out of Your use of the Service, including:
(i) Your breach of this Agreement; (ii) any allegation that any materials
that You submit to Us or transmit to the Service infringe or otherwise violate
the copyright, trademark, trade secret or other intellectual property or other
rights of any third party; and/or (iii) Your activities in connection with
the Service. This indemnity shall be applicable without regard to the negligence
of any party, including any indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers, or
other information or content made available through the Service, but not directly
by Us, are those of their respective authors, and should not necessarily be
relied upon. Such authors are solely responsible for such content. WE DO NOT
GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON
THE SERVICE AND NEITHER WE ADOPT NOR ENDORSE NOR RESPONSIBLE FOR THE ACCURACY
OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER
THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE
RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON
THE SERVICE, OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS
POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE
ANY SUCH MATERIAL THAT IN OUR SOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE,
THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE
FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE
AND IN YOUR PRIVATE E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER MEMBERS
THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US
AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY. All intellectual property rights in
the Service shall be owned by Us absolutely these include and are not limited
to database rights, copyright, design rights (whether registered or unregistered),
trade marks (whether registered or unregistered) and other similar rights
wherever existing in the world together with the right to apply for protection
of the same. All other trademarks, logos, service marks, company or product
names set forth in this website are the property of their respective owners.
PRIVACY: The personal information (including sensitive personal
information) You provide to Us will be stored on computers. You consent to
Us using this information to build up a profile of interests, preferences
and browsing patterns and to allow You to participate in the Service. All
Members also agree to uphold and maintain Our Privacy Policy and to the terms
and conditions thereof. If you are located outside of the United States, please
note that the information that you provide is being sent to the United States.
By becoming a member of the Service, you consent to your data being sent to
the United States and to such other third parties as may be involved in the
provision and operation of the Service. You may read a full description of
our Privacy Policy.
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS"
BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY,
IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT
TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that
Your use of the Service will be secure, uninterrupted, always available, or
error-free, or will meet your requirements, or that any defects in the Service
will be corrected. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH
RESPECT TO, CONNECTIVITY AND AVAILABILITY.
We cannot guarantee that each Member is at least the required minimum age,
nor do we accept responsibility or liability for any content, communication
or other use or access of the Service by persons under the age of 18 in violation
of this Agreement. Also it is possible that other Members or users (including
unauthorized users, or "hackers") may post or transmit offensive
or obscene materials on the Service and that you may be involuntarily exposed
to such offensive and obscene materials. It also is remotely possible for
others to obtain personal information about You due to Your use of the Service,
and that the recipient may use such information to harass or injure You. We
are not responsible for the use of any personal information that You disclose
on the Service. Please carefully select the type of information that You post
on the Service or release to others. We disclaim all liability, regardless
of the form of action, for the acts or omissions of other Members or users
(including unauthorized users, or "hackers") of the Service.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO
YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT
OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES
KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON
OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO US FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
WE DO NOT SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT,
WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR
CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT
LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER
MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES
INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL
DISTRESS AND DISCOMFORT.
COMPLAINTS: To resolve a complaint regarding the Service,
You should first contact Our Customer Service department by clicking: contact
us.
DISPUTE RESOLUTION: This Agreement is governed by the laws
of the Province of Ontario without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the Province and Provincial
courts of the Province of Ontario, City of Sudury. This Agreement shall not
be governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is hereby expressly excluded.
You certify that You read and that You agree to be bound by the terms and
conditions in this Agreement.